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HomeMy WebLinkAbout1982 05-24 CCM Regular Session MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION MAY 24,'1982 CITY HALL CALL TO ORDER The Brooklyn Center City Council met in regular session and was called to order' by Mayor Dean Nyquist at 7:10 p.m. ROLL CALL Mayor Dean Nyquist, Councilmembers Gene Lhotka, Celia Scott, Bill Hawes,.and Rich Theis. Also present were City Manager Gerald Splinter, Director of Public Works Sy Knapp, Director of Finance Paul Holmlund, Director of Planning & Inspection Ron Warren, City Attorney Richard Schieffer, Assistant City Engineer Jim Grube, City Sanitarian Tom Heenan, and Administrative Assistant Tom Bublitz. INVOCATION The invocation was offered by Councilmember Hawes. OPEN FORUM Mayor Nyquist noted the Council had not received any requests to use the Open Forum session this evening. He inquired of the audience if there was anyone present who wished to address the Council. There being none, he proceeded with the regular agenda items. CONSENT AGENDA Mayor Nyquist inquired if any of the Council members desired any items removed from the consent agenda. Councilmember Hawes requested that item 8a be removed from the consent agenda. The City Manager requested that two items be added to the agenda, those being a Resolution Approving a Contract for Professional Services for Central Park Develop- ment, and also, an itinerant food and beer license for the volunteer fire department, in conjunction with Early Bird Days. APPROVAL OF MINUTES MAY 10, 1982 There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the minutes of the City Council meeting of May 10, 1982 as submitted. Voting. in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTIONS RESOLUTION NO. 82 -87 Member Celia Scott introduced the following resolution and moved its RESOLUTION ACCEPTING GIFT OF A BUTTERNUT TREE FOR THE ARBORETUM FROM THE BROOKLYN CENTER CONSERVATION COMMISSION The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution 5424 -82 -1- was declared duly passed and adopted. RESOLUTION NO. 82 -88 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING GIFT OF A BLACK SPRUCE TREE FOR THE ARBORETUM FROM THE HOME AND GARDEN CLUB OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich -Theis and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 - Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING GIFT OF A SCHWEDLER MAPLE TREE FOR THE ARBORETUM FROM THE BROOKLYN CENTER LIONS CLUB i The motion for the adoption of the foregoing resolution was duly seconded by i member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 - Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING GIFT OF A MOUNTAIN ASH TREE FOR THE ARBORETUM FROM THE BROOKLYN CENTER LIONESS CLUB The motion for the a(�cption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 - Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING GIFT OF A SILVER MAPLE TREE FOR THE ARBORETUM FROM GIRL SCOUT TROOP #1269, EVERGREEN SCHOOL The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -92 Member Celia Scott introduced the following resolution and moved its adoption: i r 5 -24 -82 -2- RESOLUTION ACCEPTING GIFT OF AN AMERICAN LINDEN TREE FOR THE ARBOUTUM.FROM.,. ORCHARD LANE ELEMENTARY SCHOOL The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean`Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -93 Member Celia Scott introduced the following resolution and moved its adoption: RESOLUTION ACCEPTING GIFT OF A LITTLE LEAF LINDEN AND A SUGAR MAPLE TREE FOR THE ARBORETUM FROM DISTRICT 5, CAMP FIRE The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. I LICENSES There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve the following list of licenses: GARBAGE AND REFUSE VEHICLE LICENSE Block Sanitation 6741 70th Ave. N. MECHANICAL SYSTEMS LICENSE Egan & Sons Co. 7100 Medicine Lk.: -Rd. MOTOR VEHICLE DEALERSHIP LICENSE Class A Brookdale Ford- 2500 County Rd._.10 RENTAL DWELLING LICENSE Initial: Edstrom Associates 'Twin Lake North.Apts. Sigmund W. Bona 5207 Xerxes Ave. N. Frances M. Lunacek 5211 Xerxes Ave. N. David Larson 1313 57th Ave. N. Kermath & Mary Beth Ward 3400 62nd Ave. N. f Renewal: Brookdale Towers Program Brookdale.Towers Brooklyn Development Co. Earle Brown Farm Apts. "'Ewing Square Associates Ewing Square Townhouses- -,�Manferd Rasmussen & John Christensen 7020 Brooklyn .Blvd. _ 'harry W. Karkela 5821 Camden Ave N. _ t RENTAL DWELLING LICENSE (CONTINUED) Renewal: Gordon & Joanne Sandahl 6836 Drew Ave. N. Patrick J. Gaughan. Victoria Townhouses John E. McDonald 6430 Major Ave. N. Richard E. Moehrle 5817 Shores Dr. John S. Tschohl 2206 54th Ave. N. SIGNHANGER LICENSE Cragg Inc. _. 9636 85th Ave. N. Daniel Signs 5575 County Rd. 18 Naegle Outdoor Advertising 1700 W. 68th St. Royal Crown Beverage Co. 553 N. Fairview Ave. SWIMMING POOL LICENSE Indoor: Spa Petite 5615 Xerxes Ave. N. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. APPEAL FROM ADMINISTRATIVE INTERPRETATION OF BROOKLYN CENTER FOOD CODE The City Manager stated that this item comprehends an appeal, by Fisher Food Produ Inc., 6800 Shingle Creek Parkway, of an administrative interpretation of the City's food code regarding requirements for floor surfaces in food processing operations. He proceeded to review the City Sanitarian's report regarding his recommendations for the floor surface for Fisher Food Products, Inc. He also noted that the Council has before them a letter from Mr. John Urbach, of the Hennepin County Community Health Department, which clarifies his comments made to Mr. Michael Gavin, Attorney representing Fisher Food Products, Inc. He reviewed the letter from Mr. Urbach and also the City Sanitarian's report regarding Fisher Products, Inc. floor. He explained that the City's interpretation of the portion of the food code regarding floor surfaces has been consistent over the past ten to twelve years, and that the staff believes the type of floor surface proposed by Fisher Food Products, Inc. is not adequate for the type of food processing operation they are involved in. The City Council viewed several slides showing the floor surface in food processing operations similar to Fisher Food Products, Inc. The slides showed two types of floor surfaces, a concrete floor which showed signs of wear and a quarry tile floor which showed no signs of wear. The City Manager stated that the City's position is that the floor proposed by Fisher Food Products, Inc. will not wear well under the conditions of salad preparation operations, and when the floor becomes worn it is not possible to clean the floor properly. Councilmember Hawes commented that in his work he has been involved in similar situations where steel wheel carts were run over a concrete floor sealed with polyurethane, and added that the polyurethane was quickly worn off and the dust from the floor increased, an'd the polyurethane had to be replaced every few months as a result of this. The City Manager stated that he believes the.City has had a consistent policy with regard to floor surfaces in food processing operations. 5 -24 -82 -4- Mayor Nyquist recognized Mr. Michael Gavin, Attorney representing > Fisher -Food Products, Inc. Mr. Gavin stated that he was originally under the impression that Mr. Urbach indicated that the Hennepin County Food Protection Ordinance applied only to retail operations not wholesale operations. He stated that Fisher Foods has a small amount of traffic and uses rubber tire carts in its operation. He stated that he believes the polyurethane is an advancement, noting that it is very easy to clean and that it can break down, but it also can be renewed. He stated that Mr. Steve Morrell, of the U. S. Department of Agriculture, has approved a concrete floor in the food preparation area. Mr. Gavin asked fora provisional permit from the Council to allow a "wait and see period" to monitor and see how the polyurethane treated concrete floor performs. Mayor Nyquist inquired whether the applicant's objection was primarily because of the cost related to other types of floor surfaces. Mr. Gavin.replied that the objection was based on cost factors and also that the grout in ceramic tile floors is hard to clean, pointing out that, in his opinion, concrete floors are easier to clean. Councilmember Lhotka commented that according to the City Sanitarian's letter, Fisher Foods had previously agreed to the City Sanitarian's recommendations concerning floor surfaces. Mayor Nyquist recognized Mr. Carl Riff, representing Fisher Foods, who stated that he originally agreed to the City's regulations, but in examining the requirements he learned that a "smooth surface" was required and that`this did not necessarily mean a tile floor. Councilmember Hawes inquired of Mr. Iliff whether the manufacturer of the specific polyurethane product could certify the performance in Fisher Foods operation. Mr. Iliff explained that he believed the performance could be guaranteed, and that an important part of the process is the initial application process noting that it must be done properly. Mr. Gavin pointed out that a technical report he had on the product states that it will stand -up to food and mineral acids. Councilmember Theis commented that the problem with the floor surface appears to be related to a wear factor rather than how the product would stand -up to acids. Mr. Gavin stated that he had no data related to wear on the polyurethane surface. The City Sanitarian commented that his office has required retro- fitting of similar type facilities in Brooklyn Center or Brooklyn Park and Crystal because of wear problems. He explained that no concrete floor exists in operations such as this in any of the three cities. Councilmember Lhotka stated that his company uses the polyurethane product on new concrete floors and that there is a problem with wear. He explained that a quarry tike floor is a standard in almost all cities he has dealt with. The City Attorney commented that Mr. Gavin had previously indicated a request for a provisional license. He explained that he has a problem with the City granting any type of provisional license since once a license is issued it is difficult to get the applicant to make corrective actions, if they should become necessary, rather than to have it done correctly the first time. He also pointed out that the purpose of an ordinance is to avoid inspections and reinspections, and that a provisional license would necessitate a number of inspections. He pointed out that the key word in the ordinance is impermeable',.and noted that the City Sanitarian has indicated that acid and wear breaks down the concrete floor surface. He also noted that two of the Council members have had personal experiences with wear problems on concrete floors. He pointed out that the grout between the tile in a - quarry tile ,floor, _according to the City Sanitarian, is not composed of = concrete but a special epoxy. He added that the City Sanitarian's experience in Brooklyn Center, Crystal, and Brooklyn Park has led to the exclusive use of ;quarry tile floors in food processing operations because of past experience with wear problems. -- -'_ 5 -24 -82 -5- Mr. Gavin stated that he believes the staff has a personal preference for the type of floor recommended, and that he does not believe it is reflected in the City's ordinance. He stated that it is difficult to believe that 'the ordinance can.specify these preferences, and that he believes the polyurethane meets the ordinance requirements The Council continued to discuss the appeal of Fisher Food Products, Inc. There was a motion by Councilmember Lhotka and seconded by Councilmember Theis to deny the appeal from the administrative interpretation of the Brooklyn Center Food Code, Section 8 -120, by Fisher Products, Inc. regarding requirements for floor surfaces in food processing operations. Voting in favor: Mayor Nyquist, Council- -.members Lhotka, Scott, Hawes, and Theis. Voting against none. The motion passed unanimously. r, PRESENTATION OF PUBLIC SERVICE AWARD TO MS. DOROTHY BUCKINGHAM Mayor Nyquist stated that Dorothy Buckingham served on the Northwest Hennepin Human Services Council as Brooklyn Center's representative for many.years, and did excellent job for the City. He explained that when she resigned this past December a plaque was prepared to recognize her service but that he was unable to present it last winter, and would now like to take this opportunity to present a resolution from the City Council recognizing the outstanding public service of Dot Buckingham. RESOLUTIONS (CONTINUED) ° In discussion of a Resolution Authorizing the Issuance of Temporary Improvement Notes, the Director of Finance reviewed the City's Investment Trust Fund, and explained that this fund is an investment fund for all funds of the City, and that the interest earnings in the fund are allocated to each fund based on the amount of dollars allocated from each separate fund. He also explained the use of temporary improvement notes and master improvement notes as proposed in the resolutions before the Council this evening. RESOLUTION NO. 82 -94 Member Gene Lhotka introduced the following resolution.and moved its adoption: RESOLUTION AUTHORIZING THE ISSUANCE OF TEMPORARY IMPROVEMENT NOTES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and ; Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 82 -95 Member Celia Scott introduced the following resolution and 'moved its adoption: RESOLUTION APPROVING PROCEDURES FOR THE ISSUANCE OF TEMPORARY IMPROVEMENT MASTER NOTES The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted, in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. 5 -24 - 82 -6- RESOLUTION NO. 82 -96 Member Rich Theis introduced the following resolution and moved its adoption: RESOLUTION ESTABLISHING AN INTEREST RATE ON LOANS FROM THE INVESTMENT TRUST FUND TO OTHER FUNDS OF THE CITY OF BROOKLYN CENTER The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. The City Manager introduced a Resolution Authorizing Execution of an Agreement for Professional Services with Brauer and Associates, Ltd., Inc. for Central Park Design Development. He explained that the City has received state LCMR approval for the project this week, and the staff is requesting approval of the contract with Brauer and Associates for the design development work on the project subject to the City Manager's and City Attorney's review. RESOLUTION NO. 82 -97 Q Councilmember Lhotka introduced the following resolution and moved its adoption subject to review of the contract with Brauer and Associates, Ltd., Inc. by the City Manager and City Attorney: RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH BRAUER AND ASSOCIATES, LTD., INC. FOR CENTRAL PARK DESIGN DEVELOPMENT The motion for the adoption of the foregoing resolution was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. ORDINANCES The City Manager introduced the next two agenda items, An Ordinance Amending Chapter 23 of the City Ordinances Regarding Regulating and Licensing Amusement Devices, and An Ordinance Amending Chapter 35 of the City Ordinances Regarding Amusement Centers. He pointed out that the ordinances were first read on April 26, 1982, published on May 6, 1982, and are recommended for a second reading this evening. Mayor Nyquist commented that the only issue with regard to the approval of the ordinances appears to be with the fee. Mr. Steve Nelson, representing the Lynbrook' Bowl, stated that the ordinance is, in his opinion, well written and his only _ concern is the stated fee in the ordinance. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding Regulating and Licensing Amusement Devices. The'Mayor recognized Ms. Lonnie McCauley who stated that the Chamber was not involved in the drafting of the ordinance, and has not taken any official position with regard to the ordinance. She stated that a meeting of the operators and distributors, which was facilitated by the Chamber of Commerce, resulted in the conclusion that in general, people present at the meeting felt a fair ordinance was drafted. Mayor Nyquist recognized Mr. Norman Pink, representing the Association 5 -24 -82 -7- of Amusement Operators of Minnesota. Mr. Pink complimented the Director of Planning & Inspection for his fairness in dealing with the vendors and operators in drafting the ordinance. Mayor Nyquist recognized Mr. Steve Nelson, represents " the Lynbrook Bowl, who stated that the surveys of license fees for amusement games conducted by the City and by Lynbrook Bowl, -on behalf of the Chamber of Commerce, resulted in dollar amounts that were quite close. . Discussion continued concerning the fees stipulated in the ordinances. _Mayor Nyquist inquired if anyone else wished to speak at the public hearing. No one appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on An Ordinance Amending Chapter 23 of the City Ordinances Regarding Regulating and Licensing Amusement Devices. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. There was a motion by Councilmember Scott and seconded by Councilmember Theis to amend Section 23 -010 by reducing the $75 fee per machine to $50, and to review the ordinance fees in one year from the date of passage of the ordinance. The motion was duly seconded by Councilmember Rich Theis. In discussion of the motion, Councilmember Lhotka stated that he had no problem with lowering the fee to $50 but that he would like the staff to comment. The City Manager stated that the staff developed the ordinance under a number of assumptions, and that the staff and Chamber's research on license fees was remarkably close. The Director of Planning & Inspection stated that the $50 fee will take care of costs related to the administration of the ordinance for a one year period, but that it should be noted that costs change with inflation and other factors related to the admin- stration of the ordinance. Upon the vote being taken on the motion the following voted in favor thereof: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. ORDINANCE NO. 82 -5 Councilmember Lhotka introduced the following ordinance and moved its adoption as amended by the previous motion: AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY ORDINANCES REGARDING REGULATING 'AND LICENSING AMUSEMENT DEVICES The motion for the adoption of the foregoing ordinance as amended was duly seconded by member Rich Theis, and'upon.vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. Mayor Nyquist opened the meeting for the purpose of a public hearing on An Ordinance Amending Chapter 35 of the City Ordinances Regarding Amusement Centers. He inquired if there was anyone present who wished to speak at the public hearing. No one appeared to speak'and he entertained a motion to close the public hearing. 5 -24 -82 -8 i ORDINANCE NO. 82 -$ Member Rich Theis introduced the following ordinance and moved its adoption; AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY ORDINANCES REGARDING AMUSEMENT CENTERS The motion for the adoption of the foregoing ordinance'was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said ordinance was declared duly passed and adopted. The City Manager introduced An Ordinance Vacating Sanitary Sewer and Storm Sewer Easements Within Tract A of Registered Land Survey No. 1377. He pointed out that the easements must be vacated in conjunction with the development of Shingle Creek Plaza II, and that the property owner has granted substitute easements for relocation of existing utilities and is relocating those utilities at no cost to the City. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to approve for first reading An Ordinance Vacating Sanitary Sewer and Storm Sewer Easements Within Tract A of Registered Land Survey No. 1377, and to schedule a public hearing for the ordinance for 8:00 p.m. on June 28, 1982. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RECESS The Brooklyn Center City Council recessed at 8:15 p.m. and reconvened at 8:35 p.m. PUBLIC HEARING ON EVERGREEN AREA IMPROVEMENTS (STREET IMPROVEMENT PROJECT NO. 1982 -09; SANITARY SEWER IMPROVEMENT PROJECT NO. 1982 -10; WATER MAIN `IMPROVEMENT PROJECT NO. 1982 =11) The City Manager explained that notices of the proposed improvement and of the public hearing scheduled this evening have been sent to the owners of all benefited properties, and that notice of the hearing has also been published in the official newspaper. The Assistant City Engineer reviewed the engineer's report prepared for the improvement projects. He reviewed the project description, project location, funding sources, financing summary, and revenue sources summary for the projects. He explained that the proposed street improvement project provides for a 32' street surface without curb and gutter, and that such a proposal provides flexibility in the ultimate design of the street between Trunk Highway 252 and Dupont Avenue. Also, - proposed under this project, he pointed out, is the installation of all storm sewer, sanitary sewer, and water main to adequately serve the area during the interim period and upon final completion of all street improvements. The City Manager noted that correspondence regarding the project had been received from Mr. Paul Rosso, 7 Ortman Street, Southeast Minneapolis, and he requested the City Attorney to respond to Mr. Rosso's letter addressed to the City Manager and dated May 14, 1982. The City Attorney stated that he has prepared his response to Mr. Rosso's letter 5 -24 -82 -9- and he -would like to review for Council members his prepared response. The City Attorney noted that Mr. Rosso's first question deals with the effect of the City's comprehensive plan on the project. He explained that the comprehensive plan is not, as Mr. Rosso says, a law. He reviewed the statutory definition of a compre hensive plan and explained that a comprehensive plan is a recommendation by the City's Planning Commission regarding the physical development of the City, and that a comprehensive plan is intended to be reviewed and changed if necessary. He noted that comprehensive plans do not have to be changed before an event occurs,- �.- and explained that land can be rezoned before, a comprehensive plan is changed, as long as the plan is at some point reconciled with the rezoning. He ' emphasized that the plan is a guideline and is not a law. The City Attorney stated that the thrust of Mr. Rosso's concern as expressed in the second major point of his letter, is over the power of the City over its roads. He'explained that this is controlled by State Statutes and City Charter. The City Attorney read and reviewed Section 1.02 of the City Charter titled "Powers of the City" The City Attorney proceeded to review Chapter 412 of the Minnesota State Statutes and read for Council members M.S. 412.211 which discussed the City's power to buy property for public projects. He then read M.S. 412.221, subdivision 6, which reviewed the City Council's power to open, change, widen, or extend streets. The City Attorney stated that in the third major point of Mr. Rosso's letter, he addresses the power of eminent domain. He commented that there is a difference between the power to do something, and the procedures required to accomplish it. He noted that the City is bound by Chapter 117 of the State Statutes regarding condemnation of land. In review of the fourth major point of Mr. Rosso's letter, the City Attorney addressed the assessment of property when MSA funds are used in a project. He proceeded to read M.S. 429.051, the State Statute dealing with special assessments. He explained that the statute allows assessments against property where state aid funds are used. The City Attorney then proceeded to review Mr. Rosso's letter of May 14, 1982, page by page. on page 1, the City Attorney pointed out that he believes he has covered the concerns expressed by Mr. Rosso regarding the comprehensive plan, and emphasized again that the comprehensive plan serves as a guideline and is not a law. In review of page 2 of Mr. Rosso's letter, the City Attorney pointed out that in paragraph 5 Mr. Rosso's discussion of eminent domain refers,only to ditches, and the Brooklyn Center project is not dealing with a ditch proceeding. In review of page 3, the City Attorney stated that eminent domain does not supersede the state constitution but rather the two work together. He also pointed out in paragraph 3, Mr. Rosso refers to Chapter 368 of the State Statutes, which deals only in township law,and is therefore not applicable to Brooklyn Center since it became a City in 1911. In review of the last paragraph of page 3 of Mr. Rosso's letter, the City Attorney pointed out that the City does have power and that every City has jurisdiction over the streets within its municipal boundaries, according to the proper procedures. i- 5 -24 -82 -10- I . The City Attorney reviewed page 4 of Mr. Rosso's leeter, pointing .:out_that.the Northwest Ordinance of 1787 controlled the area of North America purchased from France. He explained that in 1856 Minnesota became a state and the Northwest Ordinance of 1787 no longer applies. In review of the 4th paragraph on page.4 of Mr. Rosso's letter, the City Attorney noted that the state legislature has abolished common law and replaced it with statutes. In review of paragraph 5 the City Attorney pointed out that no obstruction of public streets exists as claimed in Mr. Rosso's letter, and that the City has the authority to change the location of streets. With regard to page 5 of Mr. Rosso's letter, the City Attorney commented on item lc and noted that any public need for a project is determined by the City Council upon recommendation of the City's professional engineering recommendations. The City Attorney, in review of page 6 of Mr. Rosso's letter`, addressed Mr. Rosso's explanation of the definition of the word used, and noted that the state statute has determined what the definition of use means with regard to how MSA funds can be used along with assessments. In review of page 7 of Mr. Rosso's letter, the City Attorney pointed out that Mr. Rosso's assertions are contradicted by state statute and by case law, and that he believes the City's authority in this 'project is very clear. Mayor Nyquist opened the meeting for the purpose of a public hearing on Evergreen Area Improvements (Street Improvement Project No. 1982 -09; Sanitary Sewer Improvement Project No. 1982 -10; Water Main Improvement Project No. 1982 -11). Mayor Nyquist recognized Ms. Melba Evanson, who stated that on April 23, 1981, a rezoning request for her property was discussed and referred to the Northeast Neighborhood Advisory Group. She stated that she has not received any notices regarding this group's review of the proposed rezoning. She stated that she believes the road project is being handled backwards, if it is to be built before Highway 252 is built. She inquired whether the project was already decided before the public hearing was held. Mayor Nyquist noted that in a number of instances,-the City Council has changed a project after a public hearing was held, and that the Council takes the public hearings very seriously. The City Manager commented that the project being discussed this evening is independent of any zoning issue on the property. He explained that roadway planning is undertaken to plan for future development, including the completion of Highway 252. .Discussion continued regarding the rezoning and future of the Evanson property. Mayor Nyquist recognized Mr. Bill Semple, who stated that he represents a group planning to purchase the Columbus Village Apartments, and that he questioned whether the apartments.would- benefit from the project. The City Manager stated that the assessment hearing will be held at a future date, and at that time a determination of benefit to the property will be discussed. Mr. Paul ,Rosso presented the City Council with a letter dated.May 24, 1982 which discussed the Evergreen Area Improvements. Mayor Nyquist acknowledged acceptance _- 5 -24 -82 -11- of the letter and directed that the letter be entered into the offical meeting rec ord Rosso then requested that he be sent a copy of the May 24, 1982 Mr. q City Council minutes. He also requested that the project be delayed until the Minnesota Department of Transportation is aware of what is going on with the k project. He stated that MN /DOT said the project will not receive MSA funds until a project plan is approved, and that he requested a delay until the proper procedural steps are taken. The City Manager pointed out that the MSA funds for the project are here and that the City has,them now. He pointed out that the roadway is an interim roadway section and that when Highway 252 is built, then the permanent plans will be'sernt to the state. He stated that this project is of a size that can be built with the MSA funds that the City now has on hand. I In response to Mr. Rosso`s comments on the Highway 252 project, he explained that the project is a couple of years away but the layout plans for the project are • underway currently, and that the state must know where the major intersections will be placed for planning purposes. . Mayor Nyquist inquired if there was anyone else who wished to speak at the public hearing. No one else appeared to speak and he entertained a motion to close the public hearing. There was a motion by Councilmember Scott and seconded by Councilmember Hawes to close the public hearing on the Evergreen Area Improvements. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. RESOLUTION NO. 82 -98 Member Gene Lhotka introduced the following resolution and moved its adoption: RESOLUTION ORDERING STREET IMPROVEMENT PROJECT NO. 1982 -09, SANITARY SEWER IMPROVEMENT PROJECT NO. 1982 -10, WATER MAIN IMPROVEMENT PROJECT NO. 1982 -11 AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENT PROJECTS NOS. 1982 -09, 1982 -10, 1982 -11 (EVERGREEN AREA IMPROVEMENTS) The motion for the adoption of the foregoing resolution was duly seconded by member Bill Hawes, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted. DECLARATION OF SURPLUS PROPERTY There was a motion by Councilmember Scott and seconded by Councilmember Lhotka to declare three liquor store cash registers as surplus property and to authorize their sale through advertised sale. RESOLUTION HONORING AMERICA Mayor Nyquist noted that the federal Congress has designated Flag Day through July 4th as a time to honor America, and has invited the City to proclaim the 21 days from Flag Day through Independence Day as the period to honor America. RESOLUTION NO. 82 -99 Member Gene Lhotka introduced the following resolution and moved its adoption: 5 -24 -82 -12 _ RESOLUTION HONORING AMERICA FROM FLAG DAY MONDAY, JUNE 14 THROUGH INDEPENDENCE DAY, SUNDAY JULY 4, 1982 The motion for the adoption of the foregoing resolution.was duly seconded by member Celia Scott, and upon vote being taken thereon, the following voted in favor thereof: Dean Nyquist, Gene Lhotka, Celia Scott, Bill Hawes, and Rich Theis; and the following voted against the same: none, whereupon said resolution .was declared duly passed and adopted. Mayor Nyquist noted that he has received a notice that on May 28 a "Dance for Poland Day" will be held to raise funds for food to be sent to Poland. ADJOURNMENT There was a motion by Councilmember Hawes and seconded by Councilmember Scott to adjourn the meeting. Voting in favor: Mayor Nyquist, Councilmembers Lhotka, Scott, Hawes, and Theis. Voting against: none. The motion passed unanimously. The Brooklyn Center City Council adjourned at 9:55 p.m. r 0 � t Clerk Mayor i t tt 5- �?K-82 -13- . f